logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2015.06.11 2015노179
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s grounds for appeal.

According to the records of this case, the Defendant was sentenced to two years of suspended execution in August 25, 2014 at the Gangseo branch court of the Chuncheon District Court on July 17, 2014 for the crime of violation of the Road Traffic Act, etc., and the judgment became final and conclusive on July 25, 2014.

As above, the crime of violation of the Road Traffic Act and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for each of the crimes of this case shall be determined in consideration of equity and the concurrent judgment pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Dao-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are all the facts constituting the crime of the judgment of the court below, with the exception of adding "the defendant is sentenced to two years of suspension of execution on July 25, 2014, to imprisonment with prison labor for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free Driver's License) from the Gangnam Branch Branch of the Chuncheon District Court on July 17, 2014, and the judgment became final and conclusive on July 25, 2014" to all the facts constituting the crime of the judgment of the court below, and therefore, they are

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes shall be more severe.

arrow